Review of State Laws by A-M
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Alabama:
- Hemp Flower = Legal.
- D-8 THC = Legal. Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp.
ALABAMA CODE 2-8-381 §2-8-381.
“(3) HEMP PRODUCTS. Any and all products made from industrial hemp, including, but not limited to, cloth, cordage, fiber, food, fuel, paint, paper, particleboard, plastics, seed, seed meal and seed oil for consumption, and for cultivation if the seeds originate from industrial hemp varieties.
“(4) INDUSTRIAL HEMP or HEMP. The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, cultivated or possessed by a licensed grower 9; otherwise in accordance with the state’s USDA-approved regulatory plan, whether growing or not, with a delta 9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp shall be considered an agricultural crop or an agricultural commodity, or both, in all respects under state law. The term excludes marijuana as defined in subdivision (l4) of Section 20-2-2.
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Alaska:
- Hemp Flower = Legal
- D-8 THC = Illegal
Under the Farm Bill, industrial hemp is legal in Alaska, but hemp-derived products remain unregulated.
ARTICLE 1. OFFENSES RELATING TO CONTROLLED SUBSTANCES. CHAPTER 71. CONTROLLED SUBSTANCES. Sec. 11.71.160. Schedule IIIA: (f) Schedule IIIA includes, unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances or that contains any of its salts, isomers, whether optical, position, or geometric, or salts of isomers whenever the existence of those salts, isomers, or salts of isomers is possible within the specific chemical designation: hashish, hash oil or hashish oil; Tetrahydrocannabinols.
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Arizona:
- Hemp flower = Legal, but the sale of hemp smokables remains unregulated. The state doesn’t explicitly ban the possession or sale of hemp flowers and smokable products, but it also doesn’t explicitly allow their use.
- D-8 THC = Illegal
- 36-2512. Substances in schedule I The following controlled substances, unless specifically excepted, are included in schedule I: 3. Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation (for the purposes of this paragraph, “isomer” includes the optical, position and geometric isomers): (w) Cannabis, except the synthetic isomer of delta-9-tetrahydrocannabinol.
- Arizona state legislature – Title 3, section 312
- Arizona state legislature – Title 3, section 3401
- Arizona Recreational Marijuana Regulations (Embedded in Page)
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Arkansas:
- Hemp Flower = Legal. Although a special license is needed.
- D-8 THC: Illegal
No person can grow, handle, store, market or process hemp plants, seeds, leaf or floral material without first obtaining a hemp license issued by the Arkansas Department of Agriculture.
However, unfortunately, Delta-8 THC is not legal in Arkansas, due to House Bill 1415, which classifies any salts, isomers or salts of isomers of tetrahydrocannabinols as schedule VI substance.
SECTION 1. Arkansas Code § 5-64-215 is amended to read as follows: 23 5-64-215. Substances in Schedule VI. (a) In addition to any substance placed in Schedule VI by the Director of the Department of Health under § 5-64-214, any material, compound, mixture, or preparation, whether produced directly or indirectly from a substance of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, that contains any quantity of the following substances, or that contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation, is included in Schedule VI:(2) Tetrahydrocannabinols;
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California:
- Hemp flower = Legal. California dispensaries need a special license to sell hemp flower, it’s illegal to infuse CBD in edibles
- D-8 THC = Legal, 4944(b)(11) in Title 3 of the California Code of Regulations, the percentage content of THC is defined as: “a post-decarboxylation value or a calculated value using a conversion formula of delta-9-THC and eighty-seven and seven tenths (87.7) percent of THC-acid, on a dry weight basis.”
Although Delta-8 THC is currently legal, the state’s legislature is currently discussing bills -AB-45 and SB 235- that, on their current form, could ban Delta-8 THC from California’s market.
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Colorado:
- Hemp flower = Legal. The Colorado Department of Agriculture (CDA) states, “containing a delta-9 tetrahydrocannabinol (THC) concentration of no more than three-tenths of one percent (0.3%) on a dry weight basis.”
- Delta-8 THC = Illegal. The state’s regulators banned hemp-derived THC isomers in May 2021. The Colorado health department said that “chemically modifying or converting any naturally occurring cannabinoids from industrial hemp is noncompliant with the statutory definition of ‘industrial hemp product’.”
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Connecticut:
- Hemp flower: Legal Public Act 19-3.
- D-8 THC: Illegal. The state’s regulator specified on June 25, 2021, that, starting July 1, 2021, Delta-8 THC may only be sold by a licensed cannabis retailer or medical marijuana dispensary. License applications are not yet available, which is why Delta-8 is legally unobtainable for the time being.
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Delaware:
- Hemp flower = Illegal Hemp is a commodity in Delaware, but the state only allows the cultivation of hemp for agricultural and academic research.
- D-8 THC = Illegal.
TITLE 16. CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT§ 4701 Definitions (28) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana does not include products approved by the US Food and Drug Administration. § 4714 Schedule I. (d) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (19) Any material, compound, combination, mixture, synthetic substitute or preparation which contains any quantity of marijuana or any tetrahydrocannabinols, their salts, isomers or salts of isomers and is not approved for use by the US Food and Drug Administration;
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Florida:
- Hemp flower = Legal
- D-8 THC = Legal. D-8 is a cannabinoid that is derived from hemp, therefore is included within the definition of lawful hemp. Senate Bill 1020
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta 9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.
(e) “Hemp extract” means a substance or compound intended for ingestion that is derived from or contains hemp and that does not contain other controlled substances.
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Georgia:
- Hemp flower = Legal “‘Federally defined THC level for hemp’ means a delta-9-THC concentration of not 46 more than 0.3 percent on a dry weight basis.” In House Bill 213 it states in 2-23-4, “it shall be unlawful for: …(7) Offer for sale at retail the unprocessed flower or leaves of the hemp plant.” However, in Section 2-23-3 it states, “‘Process’ or ‘processing’ means converting an agricultural commodity into a legally marketable form.” Therefore, hemp flower that has been dried, trimmed, cured, and packaged would meet this definition.
- D-8 THC = Legal. D-8 is a cannabinoid that is derived from hemp, therefore is included within the definition of lawful hemp.
HOUSE BILL 213 (3) ‘Federally defined THC level for hemp’ means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or the THC concentration for hemp defined in 7 U.S.C. Section 5940, whichever is greater. 7 U.S. Code § 5940.Legitimacy of industrial hemp research (2) Industrial hemp The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (5) ‘Hemp’ means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level.(6) ‘Hemp products’ means all products with the federally defined THC level for hemp-derived from, or made by, processing hemp plants or plant parts that are prepared in a form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration. GA HB847
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Hawaii:
- Hemp flower = Illegal,
- D-8 THC = Legal. D-8 is a cannabinoid that is derived from hemp, therefore is included within the definition of lawful hemp.
SECTION 15. Section 329-14, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows: “(g) Any of the following cannabinoids, their salts, isomers, and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Tetrahydrocannabinols; meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and Delta 3,4 cis or trans-tetrahydrocannabinol, and its optical isomers (since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered); provided that tetrahydrocannabinols under this subsection shall exclude tetrahydrocannabinols in hemp;
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Idaho:
- Hemp flower = Legal, on April 16, 2021, Idaho signed House Bill 126 into law, legalizing the production, processing, research and transportation of industrial hemp with up to 0.3% tetrahydrocannabinol (THC) in the state.
- D-8 THC = Illegal
37-2705. SCHEDULE I. (d) Hallucinogenic substances. (27) Tetrahydrocannabinols, except in hemp with no more than three-tenths of one percent (0.3%), or synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure such as the following: Tetrahydrocannabinols:
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Illinois:
- Hemp flower: Legal. According to the law, any part or derivative of the Cannabis sativa L. plant is considered legal to use, buy, sell, and distribute as long as it meets the federal requirements for THC content. So as long as a formulation has less than or equal to 0.3%, you should be able to buy, use, and possess it within the state of Illinois.
- D-8 THC: Legal. Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp.
(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)(a) “Cannabis” includes marihuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. “Cannabis” does not include industrial hemp as defined and authorized under the Industrial Hemp Act.
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Indiana:
- Hemp flower = Legal. September 18, 2019, a federal judge ruled ban unconstitutional and ordered Indiana to stop enforcing its law that criminalizes the possession of smokable hemp.
- D-8 THC = Legal. Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp, therefore considered lawful. SENATE ENROLLED ACT NO. 516
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, for any part of the Cannabis sativa L. plant.
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Iowa:
- Hemp flower = Legal
- D-8 THC = Illegal. The state law followed the definition provided by the farm bill, allowing Delta-8 to exist in a legal loophole, however, as of 2021, Iowa regulators have acted against the substance and law enforcement is highly likely to consider Delta-8 THC an illegal substance until further notice.
Regulators have interpreted Delta-8 THC as unlawful according to Iowa state code §124.101 subsections 20.
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Kansas:
- Hemp flower = Illegal. Based on the state’s regulations the manufacture, marketing, selling, or distribution of hemp flower among other hemp products are prohibited HB 2167
- D-8 THC = Legal. Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp.
SENATE BILL NO. 263 New Section 1.(2) ‘‘Delta-9 tetrahydrocannabinol concentration’’ means the combined percentage of delta-9 tetrahydrocannabinol and its optical isomers, their salts and acids, and salts of their acids, reported as free THC on a dry weight basis, of any part of the plant cannabis sativa L. (5) ‘‘Industrial hemp’’ means all parts and varieties of the plant cannabis sativa L., cultivated or possessed by a state educational institution or the department, whether growing or not, that contain a delta-9 tetrahydrocannabinol concentration of no more than 0.3% on a dry weight basis. Sec. 4. K.S.A. 2017 Supp. 21-5701 is hereby amended to read as follows: 21-5701. (j) ‘‘Marijuana’’ means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. ‘‘Marijuana’’ does not include: (3) industrial hemp as defined in section 1, and amendments thereto, when cultivated, possessed
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Kentucky:
- Hemp flower = Not allowed to sell smokable hemp and license needed for possession. 302 KAR 50:020
- D-8 THC = Illegal.
The Kentucky Department of Agriculture (KDA) sent out a letter in April 2021, stating distribution of Delta-8 is illegal, and -as of then- law enforcement is prone to go against any establishment dealing with D-8. The Kentucky Hemp Association sued the state in July 2021, asking a state judge to stop police from targeting Delta-8 products.
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Louisiana:
- Hemp flower = illegal ACT 344/HB 84
- D-8 THC = Legal. As a cannabinoid, D-8 is included under the states definition of lawful hemp.
RS 40:961. PART X. UNIFORM CONTROLLED DANGEROUS SUBSTANCES LAW §961.1. Industrial hemp exemption Notwithstanding the definitions provided for in R.S. 40:961(6) and (26), the provisions of the Uniform Controlled Dangerous Substances Law shall not apply to industrial hemp or industrial hemp-derived CBD products as provided for in Parts V and VI of Chapter 10-A of Title 3 of the Louisiana Revised Statutes of 1950. Acts 2019, No. 164, §2, eff. June 6, 2019.
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Maine:
- Hemp flower = Legal
- D-8 THC = Legal. Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp.
TITLE 7: AGRICULTURE AND ANIMALS. PART 5: PLANT INDUSTRY. CHAPTER 406-A: HEMP §2231 1-A(d)
“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta‑9‑tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or as otherwise defined in federal law. “Hemp” includes agricultural commodities and products derived from hemp and topical or ingestible consumer products, including food, food additives and food products derived from hemp, which in their final forms contain a delta-9-tetrahydrocannabinol concentration of not more than 0.3% or as otherwise defined in federal law. “Hemp” does not include marijuana for medical use pursuant to Title 22, chapter 558‑C or adult use marijuana pursuant to Title 28‑B, chapter 1.
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Maryland:
- Hemp flower = Legal HB-1123: “Hemp produced outside the state in a state that authorizes the production of hemp may be sold, distributed, transported, marketed, manufactured, or processed in the state.” “‘Hemp’ means the plant Cannabis sativa L. and any part of [such] that plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis.” There is no mention about the sale of hemp flower. Since hemp flower is legal federally and there is no mention of any regulations, it is legal to sell in Maryland.
- D-8 THC = Legal Based on the State definition of hemp, hemp-derived derivatives, extracts, cannabinoids, and isomers are included within the definition of lawful hemp. D-8 is a cannabinoid that is derived from hemp, therefore lawful
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Massachusetts:
- Hemp flower = Legal, to process, manufacture and sell a license is needed. Heavily regulated
- D-8 THC = Legal Agriculture Improvement Act of 2018 “hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Amendment #487 to H.4879 “Hemp Products”, all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Section 122. (a). Hemp-derived cannabinoids, including CBD, are not considered controlled substances or adulterants (c) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under the State Hemp Program.
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Michigan:
- Hemp flower = Legal.
- D-8 THC = Conflicting laws, while the hemp law specifically says all cannabinoids, isomers, and derivatives of hemp are legal, Michigan’s controlled substances policies say that Delta 8, as an isomer and derivative is not legal.
Michigan Governor recently signed various laws, including one which regulates the sale of Delta-8 in the state. Under this new law, beginning October 11, 2021, businesses will not be able to Delta-8 products without proper licensing by the MRA.
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Minnesota:
- Hemp flower: Legal 2019 Minnesota Statutes: “‘Industrial hemp’ means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.” There is no mention of the sale of hemp flower. Since hemp flower is legal federally and there is no mention of it being prohibited, it’s should be considered legal to sell in Minnesota.
- D-8 THC: Legal INDUSTRIAL HEMP DEVELOPMENT ACT.18K.02 DEFINITIONS
Subd. 3.Industrial hemp. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant’s seeds, and all the plant’s derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.
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Mississippi:
- Hemp flower = Illegal to grow hemp flower in the State of Mississippi. Hemp research is also illegal. There is no mention of the sale of hemp flower.
- D-8 THC = Illegal. Hemp is still classified as a Schedule 1 controlled substance in the State of Mississippi. The state did not adopt state laws to legalize hemp under authority of the 2018 Farm Bill.
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Missouri:
- Hemp flower = Legal HB 2034: “Unless required by federal law, the department shall not regulate the sale or transfer of nonviable hemp including, but not limited to, stripped stalks, fiber, dried roots, nonviable leaf material, nonviable floral material, nonviable seeds, seed oils, floral and plant extracts, unadulterated forage, and other marketable agricultural hemp products to members of the general public both within and outside the state.” “‘Nonviable’, plant material or agricultural hemp seed that is not capable of living or growing.” “‘Publicly marketable product’, any nonviable hemp material, including seed, stem, root, leaf, or floral material, that contains no material with a delta-9 tetrahydrocannabinol concentration exceeding three-tenths of one percent on a dry weight basis.”
- D-8 THC = Legal, Missouri specifically legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than delta 9 THC. S
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Montana:
- Hemp flower = Illegal. DOA’s Hemp FAQ states: “The Montana Department of Agriculture does not regulate the production or sale of food, drugs, health supplements, or cosmetics.” There is no mention of the sale of hemp flower.
- D-8 THC = Illegal, regulated under the Controlled Substances Schedule 1